Owuor & another v Kenya Electricity Transmission Company (Petition E005 of 2024) [2025] KEELC 652 (KLR) (7 February 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 652
- Citation
- [2025] KEELC 652 (KLR)
- Decided
- 7 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePetition for Preliminary ObjectionCoramFO NYAGAKA, Musinga, Nyarangi
Holding
The court lacks jurisdiction to hear and determine the dispute.
Facts
The Petitioners, Daniel Ogeno Owuor and David Ogeno Owuor, claim that the Kenya Electricity Transmission Company violated their constitutional and fundamental rights by creating paragraph 8 of the 3rd Schedule of the Energy Act, which allegedly affected their late father's land parcels.
Issues
- Whether the court lacks jurisdiction to hear and determine the dispute.
- Who to bear the costs of the objection, and/or the suit if the objection succeeds.
Reasoning
The court has considered the preliminary objection, the law, and the submissions of the parties. It is of the view that the court lacks jurisdiction to hear and determine the dispute due to a preliminary objection.
Outcome
The court dismissed the petition for preliminary objection.
Authorities cited
Legislation (4)
- Land Act
- Access to Information Act
- Land (Assessment of Just Compensation) Rules, 2017
- Energy Act
Cases cited (2)
- Mukisa Biscuit Manufacturing Co. Ltd vs West End Distributors Ltd
- Bashir Haji Abdullahi v Adan Mohammed Noor & 3 others
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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